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Ellen, Lawyer
Category: Landlord-Tenant
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Experience:  25 years of experience helping people like you.
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How to Evict a Roommate With No Rental Agreement in Florida. I own a house. I rent out one

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How to Evict a Roommate With No Rental Agreement in Florida. I own a house. I rent out one of the bedrooms. Roommate said he was moving out by july 1st. Now he's staying and I want him out. He pays month to month. no "legal" complaints. How do I evict w/o a written lease. Do I simply terminate the month to month oral lease with a 15 day notice to terminate? 30 days? then what?
Submitted: 4 years ago.
Category: Landlord-Tenant
Expert:  Ellen replied 4 years ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


It is my goal to deliver information in five-star manner.

I am a licensed Florida attorney but I am not your attorney. The law does not allow me to I give legal advice or form an attorney-client relationship on this public forum.

If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

From your description, it sounds like your roommate has a month-to-month tenancy which can be terminated with 15 days written notice.

If he does not to vacate the premises after the 15 day notice, you will need to file an unlawful detainer action to evict him. If it is necessary to file the unlawful detainer, you may download the forms at this link:!OpenDocument

I think this is what you wanted to know. Please let me know if I have answered your question
Customer: replied 4 years ago.
what can I do short of paying a lot of money for a lawyer if he won't leave? I can't afford a lawyer, but I don't understand all the statutes that I am finding on the web. I just need the process explained to me. I can take it from there.
Expert:  Ellen replied 4 years ago.
I apologize that my answer was not clear to you.

First – give your roommate 15 days written notice to leave using a form similar to this:$5B1$5D.2.pdf

If he does not move out, then you need to file your unlawful detainer with the court:
Here is the complaint form you may use:$FILE/FORM%205.pdf?OpenElement
Here is the summons that you may use:$FILE/FORM%207.pdf?OpenElement

Complete the Summons and Complaint and bring it to the Clerk of the Courts office. The clerk can assist you with arranging service of process

Have I answered your question?

Ellen and 4 other Landlord-Tenant Specialists are ready to help you
Customer: replied 4 years ago.
You're terrific! Your first answer clearly answered my first question. I just wanted to get more info for my buck! THANK YOU! ;)
Customer: replied 4 years ago.
I served him with the "15 day notice to terminate rental agreement" today. On July 1st, when he is still in my house, I file unlawful detainer? then the summons? I don't have to give him any more notices? 3 day... 7 day... 30 days, to vacate? I don't want anything from him. I just want him to leave. I don't want to give him anything to argue/contest. What's the quickest legal way to get him out? Could he really drag this out six months, as he says?
Expert:  Ellen replied 4 years ago.
It is very unlikely that he can drive it out for 6 months - possibly he can drag it out for 6 weeks

You file the unlawful detainer and the summons together at the Courthouse
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